(a)

No building, structure or premises shall be used, erected or altered which is intended or designed to be used as a public garage, automobile repair shop, motor fuel station or car wash having an entrance or exit for vehicles in the same block-front and within 200 feet of any school, public playground, church, hospital, public library or institution for dependents or for children, and no such entrance or exit shall be located within the same block-front and within 20 feet of any R district; nor shall any part of such public garage, automobile repair shop, motor fuel station, or car wash be located within 100 feet of any building or grounds of any of the herein referred to public or institutional uses.

(b)

All activities incidental to the sale of gasoline or oil such as battery and tire repair, car washing and greasing shall be conducted within the building and there shall be no storage or accumulation of miscellaneous equipment, machinery or motor vehicles, disabled or otherwise, outside of the principal structure.

(Code 1978, § 5-17-1; Ord. No. 409, 7-11-1978)

Subject to the provisions of section 38-26, no mobile home, trailer or trailer home as defined in section 38-1 may be occupied or utilized as a residence or business within the city limits, except when located in a properly zoned and constituted mobile home park and otherwise in compliance with the zoning provisions of this Code. Overnight occupancy or other use of a trailer or trailer home for a temporary period not exceeding seven days in a calendar month and not exceeding 21 days in a calendar year shall not be deemed a violation of this section.

(Code 1978, § 5-17-2; Ord. No. 640, 5-11-1999; Ord. No. 693, 11-16-2004)

(a)

No vehicular entrance to or exit from any motel or motor hotel wherever such may be located shall be within 200 feet along streets from any school, public playground, church, hospital, library or institution for dependents or for children, except where such property is in another block or on another street, which the premises in question does not abut.

(b)

The following regulations shall be complied with:

(1)

Any lot to be used for a motel or motor hotel shall be not less than 15,000 square feet in area and shall contain not less than 1,000 square feet of lot area per sleeping unit.

(2)

All areas used for automobile access parking shall comply with the provisions of section 38-440.

(3)

All areas not used for access, parking, circulation, buildings and services shall be completely landscaped and the entire site maintained in good condition.

(4)

No enlargements or extensions to any motel or motor hotel shall be permitted unless the existing one is made to conform substantially with all the requirements for new construction for such an establishment.

(Code 1978, § 5-17-3; Ord. No. 409, 7-11-1978; Ord. No. 484, 11-9-1982)

The requirements and regulations specified hereinbefore in this article shall be subject to the additional requirements, exceptions, modifications and interpretations in the following respects.

(Code 1978, § 5-17-4; Ord. No. 409, 7-11-1978)

Height limitations stipulated elsewhere in this article shall not apply:

(1)

To barns, silos or other farm buildings or structures on farms; provided, these are not less than 50 feet from every lot line; to church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, masts and aerials; to parapet walls extending not more than four feet above the limiting height of the building. However, if, in the opinion of the zoning administrator such structures would adversely affect adjoining or adjacent properties, such greater height shall not be authorized except by the board of appeals

(2)

To places of public assembly such as churches, schools and other permitted public and semipublic buildings not to exceed six stories or 75 feet, provided that for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional one foot over the side and rear yards required for the highest building otherwise permitted in the district.

(3)

To bulkheads, conveyors, derricks, elevator penthouses, water tanks, monitors and scenery lofts; to monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height. Where a permitted use requires greater heights than specified, such may be authorized by the board of appeals.

(Code 1978, § 5-17-4-1; Ord. No. 409, 7-11-1978)

(a)

Front yard requirements do not apply to bay windows or balconies occupying in the aggregate not more than one-third of the front wall, provided that these projections come entirely within planes drawn from either main corner of the front wall, making an interior angle of 22½ degrees in the horizontal plane with the front wall; to chimneys, flues, belt courses, leaders, sills, pilasters, uncovered porches, plantings or similar features not over three feet high above the average finished grade and distant five feet from every lot line.

(b)

In any district where the average depth of two or more existing front yards on lots within 600 feet of the lot in question and within the same block front or 1,800 feet is less or greater than the least front yard depth prescribed, front yards may be varied. The depth of the front yard on such lot shall not be less than the average of the existing front yards or the average depth on the two lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining; provided, however, that the depth of a front yard on a lot in any R district shall be at least 20 feet and need not exceed 100 feet.

(Code 1978, § 5-17-4-2; Ord. No. 409, 7-11-1978)

(a)

Along any district boundary line, any abutting side yard on a lot in the less restricted district shall have at least a width equal to that required in the more restrictive district. Where a lot in an I or B district abuts a lot in an R district, the side yard shall be increased by three feet for each story that the building proposed on such lot exceeds the height limit of the R district.

(b)

Side yards may be increased in width by four inches for each one foot by which the length of the side wall of the building, adjacent to the side yard, exceeds 40 feet in any R-2 district, or 50 feet in any R-3 district.

(c)

Side yards may be reduced by six inches for the otherwise required least width for each side yard for each one foot by which a lot of record at the time of the effective date of the ordinance from which this article is derived is narrower than the lot width specified for the district in which the lot is located, in the case of buildings not higher than 2½ stories, and in case the owner of record does not own any adjoining property; provided, however and irrespective of the provisions of subsection (f)(1) of this section, that no side yard shall be narrower at any point than six feet.

(d)

Side yards may be measured to the centerline of adjoining alleys, but in no case shall a building or structure for which a side yard is required be erected within ten feet of such alley.

(e)

On a corner lot the least width of a side yard along the side street lot line shall be equal to the required front yard along the side street.

(f)

Structures or projections into side yards may be permitted as follows: fences, plantings or walls and fences enclosing permanent swimming pools not over six feet above the average natural grade; fire escapes, three feet from the side yard lot line; and bays and balconies not more than three feet from the buildings; provided these projections are entirely within planes drawn from either main corner of the side wall, making an interior angle of 22½ degrees in the horizontal plane with the side wall. The sum of the lengths of such projection shall not exceed one-third of the length of the wall of the main building.

(1)

Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like, into or over a required rear yard not more than 1½ feet.

(2)

Terraces, steps, uncovered porches, stoops or similar features, not higher than the elevation of the ground story of the building and distant three feet from a side lot line.

(Code 1978, § 5-17-4-3; Ord. No. 409, 7-11-1978; Ord. No. 508, 4-9-1985; Ord. No. 646, 9-14-1999)

(a)

Rear yards may be reduced by six inches from the required least depth for each one foot by which a lot at the time of the effective date of the ordinance from which this article is derived is less than 120 feet deep, in the case of a building not higher than 2½ stories, and in case the owner of record does not own the adjoining property to the rear; provided, however, that no required rear yard shall be less than 40 feet deep.

(b)

Rear yards may be measured to the centerline of adjoining alleys, but in no case shall a principal building or structure be erected within 20 feet of such an alley.

(c)

Structures or projections into rear yards may be permitted as follows: fences, plantings or walls not over six feet, fences enclosing permanent swimming pools not over six feet above the average natural grade; fire escapes, six feet; and bays and balconies, not more than three feet; provided these projections are entirely within planes drawn from either main corner of the rear wall, making an interior angle of 22½ degrees in the horizontal plane with the rear wall. The sum of the lengths of such projections shall not exceed one-half of the width of the rear wall.

(d)

Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like into or over a required rear yard not more than 1½ feet.

(Code 1978, § 5-17-4-4; Ord. No. 409, 7-11-1978; Ord. No. 614, 9-10-1996)

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Swimming pool means a receptacle for water, or an artificial pool of water having a depth at any point of more than two feet, intended for the purpose of immersion or partial immersion of human beings, and including all appurtenant equipment.

(b)

Any outdoor residential in-ground swimming pool shall be completely enclosed by a fence not less than 48 inches in height. All fence openings or points of entry into the pool enclosure shall be equipped with gates. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate and made inaccessible to small children.

(c)

Any aboveground pool which is 36 inches or more in depth at any point shall be equipped with one or more removable ladders, which ladders shall be removed and secured when the pool is not in use by the owner or the owner's authorized guest. The ladder removal requirement shall not apply in cases where the aboveground pool is located in an area completely enclosed by a fence 48 inches or more in height and equipped with a locking gate.

(d)

Any aboveground pool accessed by an elevated deck shall be equipped with a fence along the entire outer perimeter of the deck's walking surface. Stairs to the deck shall be guarded by a locking gate. The deck fence and gate required by this subsection shall not be required where the entire aboveground pool area is located in an area completely enclosed by a fence 48 inches or more in height and equipped with a locking gate.

(e)

The locking gates required by this section shall be locked and secured when the pool is not in use by the owner or the owner's authorized guest.

(f)

Any person who violates, disobeys or neglects the provisions of this section shall be fined the sum of $100.00. A separate offense shall be deemed to be committed for each day such violation occurs or continues.

(Code 1978, § 5-17-5)

(a)

A storage cargo container shall not exceed eight feet in height eight feet in width, and 40 feet in length. The unit must be placed with effective anchoring and/or temporary foundation according to the then most current edition of the International Building Code. Units shall meet the setback requirements, or receive permission from the city, for location to be placed. Containers shall be at least three feet inside property lines. Containers shall not be stacked above the height of a single container and may not be used for any advertising purpose and be kept clean from all debris and conditions contributing to the detriment of public health, i.e. water accumulation.

(b)

No more than one storage cargo container shall be permitted on any property at any one time.

(c)

An owner of real property that has existing permanently constructed storage units available to the public for rental may be granted a permit for additional storage containers as follows:

(1)

Additional units must be uniform in color; and

(2)

Additional units must be needed due to lack of existing space while construction to increase the number of permanent storage units is undertaken; and

(3)

Additional units may not remain on the property for a period in excess of two years.

( Ord. No. 864 , § 2, 1-14-2020; Ord. No. 876 , § 2, 7-13-2021, eff. 7-1-2021)